| Citation(s) |
|---|
| 1982 SLG 204 1982 SLD 204 1982 SCMR 214 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 4 of 1977, decided 27th October 1980.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 25-10-1976 in W. P. 669/R of 1976)
MUHAMMAD HALEEM AND MUSHTAQ HUSSAIN, JJ
Khan Muhammad Younis, Advocate instructed by Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Nemo for
Respondents
Civil Petition for Special Leave to Appeal No. 4 of 1977, decided 27th October 1980.(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 25-10-1976 in W. P. 669/R of 1976)
MUHAMMAD HALEEM AND MUSHTAQ HUSSAIN, JJ
Khan Muhammad Younis, Advocate instructed by Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Nemo for
Respondents
ABDUL GHAFFAR AND others
VS
THE DEPUTY SETTLEMENT COMMISSIONER AND OTHERS-
Law:
Section:
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)----Sched, Part I-Transfer of house--Portion in petitioner's occupation constituting a unit transferred to him as a house-Petitioner, held, cannot ask for transfer of other houses constituted by other units as a result of division of property justly made to accommodate other occupants. ORDER MUHAMMAD HALEEM, J-By this petition the petitioners seek to assail the order of the Lahore High Court, Lahore, dated 25th of October 1976, by which Writ Petition No. 669/R of 1976 was dismissed in limine. The dispute relates to the transfer of House No. 1171 situate in Saddar Bazar, Sialkot Cantonment. It will not be worthwhile to mention the protracted litigation and the present. according to the learned counsel for the petitioners, is the sixth round of it. In this petition the order of the Deputy Settlement Commissioner dated 25th of October 1975, has been challenged on the ground that the house was not devisible and that it could not be transferred to other persons. The High Court held: The order of the division passed by the Deputy Settlement Commissioner is not by any means arbitrary in the circumstances of the case and it is not liable to be interfered with by this Court in exercise of Constitutional jurisdiction. It is well established and is truism by now that an order of division by a settlement authority of accommodation between the occupants of various portions of a property is not interfered with by this Court. The petitioner having been transferred the…
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